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Pola Charo Kaniki v. Teddy Davis Ngala

(2016) JELR 93981 (CA)

Court of Appeal  •  Civil Application 44 of 2015  •  22 Apr 2016  •  Kenya

Coram
William Ouko

Judgement

RULING OF THE COURT

Whether or not to extend time limited by the Court’s rules or by an order of the court or of the superior courts below, for doing any act is a matter of judicial discretion.

The applicant has sought by her instant notice of motion that she be granted leave to file record of appeal out of time on the grounds that the intended appeal raises weighty issues; that upon delivery of the judgment in question the applicant’s advocate immediately applied for copies of the proceedings and judgment but the same were not availed within a reasonable time as they were not ready; that they were finally availed together with a certificate of delay; that upon receipt of the proceedings this application was brought without further delay; and that the applicant has a fundamental right to bring this appeal to challenge the decision of the court below.

The application was opposed by the respondent who has deponed in a replying affidavit that the applicant has not been serious in pursuing t…

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